"Conceal" a long gun? Where's the statute?

Discussion in 'Concealed Carry | National 2A Laws' started by WNC Seabee, Oct 14, 2016.

  1. WNC Seabee

    WNC Seabee Former Member Lifetime Member

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    Where is the actual statute that says you can't conceal a long gun? I'm not doubting it exists, but my google-fu is lacking.

    We see this come up in arguments for an AR Pistol; that a Pistol configured AR is legally concealable whereas an SBR/Carbine/Rifle is not. But, I'm having trouble finding the legal justification for the argument.

    I have 3 SBRs and am considering making a "pistol" lower for easier transport, but would rather not if it's unnecessary. I'm traveling to Detroit on business and will have my 9mm SBR in a bag on the passenger seat. I would rather it be SBR configured, but will go pistol if required.
     
  2. Rdinatal

    Rdinatal Well-Known Member

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    Question on this... If it's a SBR do you need to notify B#$F before leaving? With my MG I did.

    -R
     
  3. WNC Seabee

    WNC Seabee Former Member Lifetime Member

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    Yes, there is a form (5320?) that needs to be submitted. @BigWaylon has a super helpful sticky on this.
     
  4. mckenziedrums

    mckenziedrums Club Subscribed Club Subscribed

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  5. tsconver

    tsconver Sponsor Club Subscribed

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    It varies by state. NC specifically says their CHP only covers pistols. SC is similar but by definition eliminates AR pistols as a concealable pistol due to length restriction.
     
  6. majicmike

    majicmike AKA Studly Hungwell Club Subscribed

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    So I can conceal a AK pistol in the NC but not SC
     
  7. jerz_subbie

    jerz_subbie Active Member

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    To further complicate things, some states define pistols narrowly to exclude AR/AK pistols. For example in NJ (I know...) only Bushmaster carbon pistols with no handguard qualify as pistols due to weight and handguard restrictions.
     
  8. Catfish

    Catfish 'Murica! eh? Club Subscribed

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    NCGS 14-269
    first sentence:

     
  9. tsconver

    tsconver Sponsor Club Subscribed

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    You are correct. SC has a length limit on pistols and all ar/ak pistols are longer than permitted.

    There are a few attorneys that say an ar pistol might not stand up in court as they are rarely ever fired with one hand and are really designed for two hands which violates the nc statue. Would hate to be the one they decided to go after if it was ever questioned.
     
  10. Flashpoint

    Flashpoint Club Subscribed Club Subscribed

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    Seems like that would not cover a firearm since it is not a deadly weapon of "like kind", being about as different from the mentioned ones as possible. Open to interpretation though and it matters not what I think.
     
  11. J.Boyette

    J.Boyette Teacher of the Craft Lifetime Member

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    You have to look at the state law.
    Each state has different definitions for handguns
     
  12. jb2sea

    jb2sea Club Subscribed Club Subscribed

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    But if I have a CCP, then an AR pistol IS legal to carry concealed in NC, correct?
     
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  13. Flashpoint

    Flashpoint Club Subscribed Club Subscribed

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    Yes, just remember if you shoulder it while defending yourself you're the one that goes to prison, lol.
     
  14. tsconver

    tsconver Sponsor Club Subscribed

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    Like I said above yes it is currently but there is some conjecture among NC attorneys that if the AR pistol has a handgaurd on it over the barrel is it really designed to be shot using one hand like the NC law stipulates. Would it matter in a self defense scenario, probably not, but if you got pulled over late at night by some over zealous police officer you might get charged and have to fight it in court and that might be a difficult fight to win and would set precedent for the entire state.
     
  15. mckenziedrums

    mckenziedrums Club Subscribed Club Subscribed

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    Last edited: Oct 18, 2016
  16. tsconver

    tsconver Sponsor Club Subscribed

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    Please look at § 14-415.10. Definitions
    (2) Handgun. – A firearm that has a short stock and is designed to be held and fired by the use of a single hand.

    http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-415.10.pdf

    Apology accepted, :)
     
  17. mckenziedrums

    mckenziedrums Club Subscribed Club Subscribed

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    You did say ONE not single ;)

    That's one of the worst legal definitions to date.
     
  18. tsconver

    tsconver Sponsor Club Subscribed

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    Never said I agreed with it, but it is on the books and in the NC CHP redbook and on the state test. Yes it is a stupid definition. That being said you could see where an over zealous left leaning AG (like Cooper) would try to go after someone carrying a AR pistol under the CHP and use it to make a name for themselves. Like the saying goes buyer beware, :)
     
  19. tsconver

    tsconver Sponsor Club Subscribed

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    But the statute does not say pistol, it says handgun, :confused::eek:
     
  20. mckenziedrums

    mckenziedrums Club Subscribed Club Subscribed

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    I'm still trying to find the handgun designed to be operated one hand... pulling the slide back is a biotch
     
  21. lucky13bullets

    lucky13bullets Lifetime Member Lifetime Member Club Subscribed

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    only because you dont operate!:p
     
  22. tsconver

    tsconver Sponsor Club Subscribed

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    Here ya go

     
  23. shadowsbane

    shadowsbane En Mermoriam. Vendor

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    Varies by state. I know in Florida unless something changed they have a concealed weapon permit. So weapons other than handguns are good to go.
     
  24. charlie

    charlie Registered Member

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    ..."held and fired"... says nothing about loading or other operations except holding and firing. I can hold and fire all my handguns with single hand but may need both hands to get them ready to fire.
     
  25. turkeydance

    turkeydance Active Member

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    only has to have the potential to fire one shot.
     
  26. Flashpoint

    Flashpoint Club Subscribed Club Subscribed

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